In May, 1997, Mr. Bolich filed an application for his son to open enroll to Saydel Community School District to attend kindergarten for the 1997-98 school year. His timely-filed application was denied by the Des Moines Board under the District's desegregation policy.

The District Board's denial of Appellant's application was found to be consistent with the procedures outlined in the District's open enrollment/desegregation policy. Therefore, the ALJ and the hearing panel recommended affirmance of the District Board's decision made on May 20, 1997, which denied Mr. Bolich's request for open enrollment for Dillon for the 1997-98 school year.